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I have been married to my husband to 40 years, he retired

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I have been married to...
I have been married to my husband for close to 40 years, he retired after 21 years but 4 of that was before we married. Will I still be able to have the Tricare Ins or is this the 20/20 ruleI have been married for almost 40 years, my husband retired with almost 22years but 4 of that was before we married, will I still be able to have the Tricare Ins or does this fall under the 20/20 rule?/
Submitted: 2 years ago.Category: Military Law
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10/7/2015
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,293
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Ma'am I am sorry to be the one to bear bad news. The 20/20/20 rule can be found at Title 10 US Code Section 1062 and 1072. This law requires that a former spouse have at least 20 years of overlap of marriage and military service.

What you are describing, you have approx 17 years overlap. That will not meet the requirement for TRICARE or the military ID card.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there was a waiver provision in the law or that you could qualify but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago

Follow up ma'am...I know you had the chance to review. Do you have more questions? If not please consider rating as that is the only way I may receive credit.
phil

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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